Curran Mediation

Professional mediation services for Family Law & Commercial matters

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Professional Mediation Services

Commercial Disputes

Family Law

Custody & Maintenance

Mediation

Family Disputes & Divorce

What Is Mediation

Mediation is the process where a skilled and neutral third party (usually an attorney, psychologist or social worker) creates a platform to assist parties or families in conflict by facilitating and exploring options to settle their particular dispute.

A dispute may arise in respect of one issue or a variety of issues, all of which are capable of being mediated upon. 

Mediation is a speedy and effective alternative to litigating in court.

The Mediation Process

Once a mediator is appointed the parties attend a number of mediation sessions. No attorneys are present at these sessions, however, parties are entitled to and encouraged to seek legal advice prior to signing a settlement agreement.

During these sessions each party will be given an opportunity to voice their concerns, make suggestions and explore options for resolving the dispute.

The mediator will manage the parties’ negotiations and the parties are afforded the opportunity to arrive at their own mutually acceptable agreement.

Once the parties reach mutual agreement on the issues, the mediator records it in a settlement agreement which is signed by both parties. The legal representative of either party will then attend to court to have the agreement made an Order of Court.

Advantages Of Mediation

All too often lengthy litigation increases the hostility between parties causing a detrimental and disruptive effect on a family.The mutually acceptable outcomes achieved through mediation are far more favourable for you, as an individual, and your family.

The advantages of choosing mediation include:

You and your partner/spouse arrive at your own agreements, without a third person telling you what to do. The skilled mediator is there to assist, guide and facilitate the process and not to dictate the outcome.

The process encourages communication and problem solving.

It is less expensive compared to litigating. The only cost involved is the fee for the mediator and these are usually split between the parties equally.

It is confidential, off the record, and it does not prejudice your legal rights.

Matters are resolved quickly. If you choose to litigate it could take years before the matter is allocated a date for trial.

An independent and skilled mediator encourages constructive communication between parties who may ordinarily find it difficult to communicate with one another.

Future family relationships and/or business relationships are salvaged as the process is amicable, conciliatory and tends to decrease hostility and reduce future conflict.

The Role Of A Mediator

A mediator is an independent person, who possesses the necessary knowledge, expertise and skills to facilitate the solution driven mediation process. You and the other party to the dispute will choose the mediator and the choice you make will depend on the mediator’s qualifications, knowledge and reputation.

The mediator is usually from the legal or mental health care professions.

The mediator is not there to represent either party or offer legal advice. Rather the mediator facilitates the process, creates an environment for constructive communication and problem solving.

The mediator manages the negotiations by Asking questions, Identifying the problems, Assisting you to explore solutions, Testing the probable success of implementing the proposed solutions.

Mediation is voluntary so both parties must agree to refer the dispute to mediation and agree upon the mediator.

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